Scheduled for a 2p.m. hearing today, in the M. Steger Federal Building in Tyler, Texas, a group of doctors from a tiny 20 bed physician owned hospital will challenge the constitutionality of ObamaCare.
The hospital that filed this action in March of this year, is Texas Spine and Joint Hospital of Tyler, Texas. A small specialty hospital with an outstanding reputation with its patients and the business community.
Specifically, they are citing Section 6001 of the health care legislation which prohibits expansion of physician owned hospitals. It’s another one of those landmines that we are discovering in this legislation that had to be passed so we could find out what is in it.
The hearing today is to decide if the case has merit and should proceed to trial.
If this case goes to trial, and if the court rules in favor of the doctors at TSJH and declares Section 6001 as unconstitutional, with subsequent government appeals failing, then ObamaCare is dead!
The entirety of the legislation fails if any one provision is upheld as unconstitutional for one simple reason.
There is no severance clause in this ram it through while we still can legislation.
From an article a few weeks ago, ObamaCare’s Fatal Flaw, a full explanation is made.
Normally, all comprehensive laws contain a boilerplate severance clause: it says that if any portion of the law is found to be unconstitutional, that portion is severed from the rest of the law — that is, the rest of the law stands.
But ObamaCare contains no severance clause. Virginia is asserting that if it prevails on its substantive claims, the whole law is unconstitutional. (If Virginia does not prevail, any one of the twenty-plus legal challenges have the same severance argument available.)
We are still almost four years away from this horrendous piece of legislation going into full effect, plenty of time to kill it and salt the earth from which it came.
I would find it a little amusing, and some what thrilling, to see a tiny hospital from my beloved East Texas be the source of the demise of this historic Washington power grab, called ObamaCare.
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Ohhhhh!!! I am SO glad I came over here to read the article! –from the headline I’d thought it meant the hospital had accepted it! : )
Thanks No2liberals! I told my Mother about a week ago that her beloved Medicare was cut 500 billion dollars by nobama….and now I’ll show her this crap. This might be the last straw that moves her out of the demoncrat party.
Well, God Bless her.
If she hasn’t budged by now, I doubt anything will convince her.